In re Certain Toner Cartridges and Components Thereof (337-TA-829)

USITC (2013)

Fitzpatrick Obtains General Exclusion Order from ITC for Long Time Client Canon

On June 28, 2013, the International Trade Commission issued a General Exclusion Order in Investigation 337-TA-829, prohibiting the importation of toner cartridges and components thereof that infringe two Canon patents on laser toner cartridge technology. The Commission also issued Cease and Desist Orders against many of the Respondents in the Investigation, prohibiting the sale of infringing toner cartridges that have already been imported.

Fitzpatrick, on behalf of Canon Inc., Canon U.S.A., Inc. and Canon Virginia, Inc., filed the Complaint that led to the Investigation against thirty-four foreign and U.S. Respondents, seeking to exclude the importation and sale of infringing toner cartridges compatible with certain Canon and HP printers. Fitzpatrick also brought concurrent patent infringement actions on behalf of Canon Inc. against those entities in the U.S. District Court for the Southern District of New York. In February of this year, the Administrative Law Judge presiding over the Investigation determined that Canon had proven that its patents had been violated, and the Commission adopted those findings in April. The ALJ’s February determination also recommended a GEO, which the ITC issued on the June 28 Target Date. The issuance of the GEO marks a successful conclusion of the Investigation for Canon.